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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 2,395,676,589 as well as KRW 2,210,00,332 as of September 1, 2015.
Reasons
1. Indication of claim;
A. The Plaintiff’s father-E operated Defendant D Co., Ltd. (hereinafter “Defendant D”). On March 25, 2014, as the seller’s representative, sold Defendant D and stocks at KRW 30,000 to Defendant B for KRW 6.2 billion. Defendant B was appointed as Defendant D’s director and representative director on May 15, 2014.
B. Until October 8, 2014, Defendant B paid only KRW 4,119,96,000 out of the purchase price to the said E, and Defendant B did not pay KRW 2,080,000 of the remainder of the purchase price corresponding to the Plaintiff’s shares (33.5%).
C. On February 17, 2015, E entered into a contract to change the acquisition price of Defendant B and Defendant D D’s stocks on behalf of the Plaintiff, and agreed to include 200 million won in total as well as 2,280,004,000 won in penalty for delay, and to pay interest at 25% per annum thereon, and the principal and interest shall be paid in installments according to the predetermined schedule, and if the predetermined date of payment has been complied with, the interest and unpaid interest shall be deducted from the monthly interest and unpaid interest, but if the date of payment has elapsed, the payment shall be made including the entire monthly interest and unpaid interest.
In addition, the remaining Defendants except Defendant B guaranteed Defendant B’s obligation to pay the above purchase price to the Plaintiff.
However, Defendant B paid KRW 260,000,000 to the Plaintiff from March 2, 2015 to July 1, 2015, but did not comply with the payment schedule for installment payments under the above modified contract.
E. Accordingly, Defendant B is obligated to pay the full purchase price, including monthly interest from February 28, 2015 and unpaid interest, in accordance with the above modified contract.
When Defendant B appropriated KRW 260,00,000 paid to the Plaintiff after the change contract, in the order of interest and principal, the remainder of the purchase price to be paid to the Plaintiff by Defendant B remains KRW 2,210,000,332, and the interest calculated at 25% per annum from May 1, 2015 to August 31, 2015 shall be KRW 185,676,257.
F. Therefore, the Defendants are jointly and severally liable to the Plaintiff for 2,395,676,589 = 2,210.